![]() One week later, Smith obtained access to binding twine and attempted to commit suicide. By order of the sheriff, Smith was kept in restraints in his cell and when he was escorted out of his cell as he presented a security risk. A day later he was moved to a cell near the officers' station and restrained in handcuffs and leg shackles. Smith was booked, placed in a holding cell, and shackled with handcuffs (hands in front) and leg irons. He was transported to the hospital for injuries sustained and later lodged in the jail. Several bursts of pepper spray were sprayed at Smith, back-up responded, and Smith was eventually brought under control. The two arresting officers fought with Smith, who attempted to disarm one of the officers. During his transport to the jail after his arrest, Smith was able to project himself through the protective partition screen of the patrol car, grabbed the steering wheel which caused the car to run into a ditch. Prisoner Smith (fictitious) was confined in a small-sized jail for 276 days and for 260 days he was kept in handcuffs and/or belly chains, and frequently he was restrained in both. Smith was charged with murdering his girlfriend by poisoning her. The decision to use restraints and the prolonged use of restraints must be based on a reasonable justification, the current need, and based on legitimate penological objectives. Restraints can never be used for punishment, retaliation, or revenge. This decision is instructive as it provides a framework for justifying the need and the use of restraints. The Court further held that the restraint process constituted an “unnecessary and wanton infliction of pain for reasons totally without penological justification.” The Court ruled that Hope was treated in a way antithetical to human dignity and that the wanton treatment was done not out of necessity but as punishment for prior conduct. Hope appealed and the United States Supreme Court reversed a ruling that restraining a prisoner in such a manner established and Eighth Amendment claim which exhibited cruel and unusual punishment. The appellate court found that the hitching post constituted cruel and unusual punishment in violation of the Eighth Amendment but affirmed the lower court’s ruling of qualified immunity for the officers. He claimed that he was taunted by an officer and filed a lawsuit claiming excessive force. On the second occasion, Hope was restrained to the post for several hours without his shirt, provided water but not permitted a bathroom break. In the first incident, Hope was restrained to the post for two hours and was offered water and bathroom breaks every 15 minutes. Prisoner Hope was restrained to the hitching post for fighting and disobeying orders to work on two occasions. Frequently, the prisoner’s ankles would also be shackled. While restrained to the post a prisoner would have little mobility to move his arms, the handcuffs would cut into his wrists, causing pain. The Alabama prison system instituted a restraint process for disruptive prisoner conduct known as the “hitching post.”Īs a punitive measure, a recalcitrant prisoner would be restrained to the post with his hands extended above the shoulder level for several hours, usually outside in the sun. Prior to discussing the case example, it is important to describe the United States Supreme Court’s decision in Hope v. Although correction personnel prevails in 78% of the lawsuits a review of a 2007 litigated jail case where a Midwest Sheriff’s department failed to prevail and lost $96,000 is instructional and worthy of consideration in order to identify the lessons that can be learned. Of the six frequent litigated areas, the use of restraints comprised the second most common litigated area, accounting for 35 percent of the claims. In a "Use of force for COs", I portrayed the liability trends of use of force claims filed against correction officers from 1992 to 2002. Over the years lawsuits have emerged alleging that correction officers have abused or injured prisoners with restraint equipment. The use of restraints has a long history in prison and jails.
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